My friend borrowed 3 lakhs in Aligarh and is not returning it how to file recovery suit

Detailed Legal Analysis

To file a recovery suit for the amount borrowed by your friend in Aligarh, you can proceed under the provisions of the Code of Civil Procedure, 1908, and the Indian Contract Act, 1872.

Here are the steps you should follow to initiate the recovery suit:

• Gather Documentation: Collect all relevant documents that support your claim, such as:
  • Loan agreement or promissory note.
  • Any correspondence (emails, messages) regarding the loan.
  • Proof of payment (bank statements, receipts).
• Send a Legal Notice: Before filing a suit, send a legal notice to your friend, stating:
  • The details of the loan.
  • A demand for repayment.
  • A specific timeline for repayment (usually 15 days).

  This notice serves as a formal reminder and can strengthen your case.

• Determine the Appropriate Court: Identify the jurisdiction where you should file the suit:
  • For amounts up to ₹20 lakhs, file in the Civil Court (Small Causes Court) under Section 15 of the Code of Civil Procedure, 1908.
  • For amounts above ₹20 lakhs, file in the District Court.
• Draft the Plaint: Prepare a plaint that includes:
  • Your details as the plaintiff.
  • Your friend's details as the defendant.
  • The facts of the case along with the amount claimed.
  • The relief sought (i.e., recovery of ₹3 lakhs).
• File the Suit: Submit the plaint along with the required court fees as per the Court Fee Act, 1870, and file it at the appropriate court.
• Attend Court Hearings: After filing, attend all scheduled hearings and present your case with the evidence you have gathered.

Relevant laws to consider include:

• Indian Contract Act, 1872: Governs contracts and obligations.
• Code of Civil Procedure, 1908: Outlines the procedure for civil litigation.

Ensure to consult a legal professional for guidance tailored to your specific situation and to ensure compliance with all legal requirements.